LEGAL PRINCIPLE: CRIMINAL LAW — Charge and Information — Use of Word “Fraudulently” in Charge Not Fatal Where Accused Not Misled
PRINCIPLE STATEMENT
The use of the word "fraudulently" can be accommodated under the ejusdem generis rule to stand in for the word "otherwise" as used in section 19(1)(a) of Decree No. 18 of 1994. Ejusdem generis helps confine the construction of general words within the genus of special words they follow.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in FRN & Anor v. Ifegwu (2003) NLC-1152002(SC) at p. 33; Paras B–C.
"Besides, the use of the word 'fraudulently' can, in my view, be accommodated under the ejusdem generis rule to stand in for the word 'otherwise' as used in section 19(1)(a) of Decree No. 18 of 1994. In effect, ejusdem generis (or sometimes noscitur a sociis) rule helps to confine the construction of general words within the genus of special words which they follow in a statutory provision or in a document."
EXPLANATION / SCOPE
The word “fraudulently” can be interpreted under ejusdem generis. The principle applies to statutory interpretation. The rule helps determine the meaning of general words. The court will not strike down a charge for minor wording variation if the accused is not misled. The principle is well-established.